When you’re starting to drown between employee concerns, payroll duties and helping your CEO -- HR Insider is there to help get the logistical work out of the way.
Need a policy because of a recent regulatory change? We’ve got it for you. Need some quick training on a specific HR topic? We’ve got it for you. HR Insider provides the resources you need to craft, implement and monitor policies with confidence. Our team of experts (which includes lawyers, analysts and HR professionals) keep track of complex legislation, pending changes, new interpretations and evolving case law to provide you with the policies and procedures to keep you ahead of problems. FIND OUT MORE...
Modified Work Arrangement and Overtime
Ask the Expert › Category: Questions › Modified Work Arrangement and Overtime
0 Vote Up Vote Down
hri_Admin asked 3 years ago
We currently have a Modified Work Arrangement with our employees that allows us to average 160 hours over 4 weeks and work up to 12 hours per day without paying overtime. As we are a construction company who works outside, during the winter we typically only schedule an 8 hour day rather than the 12 that we are permitted under the arrangement. My question is, when we are scheduling the 8 hour time blocks, are we required to pay overtime after 8 hours in a day if the average hours over the 4 weeks is still met or only after 12 hours per day as is indicated in our arrangement?
2 Answers
0 Vote Up Vote Down
Glenn Demby answered 3 years ago
Let me run this one by our payroll expert, Alan McEwan. I assume you're NOT federally regulated, i.e., that you're subject to Sask Employment Act, rather than Canada Labour Code. If this is wrong, please email me right away at glennd@bongarde.com, since this will affect the answer. Thanks.
Patti McCullough replied 3 years ago

No, we are not federally regulated.

-1 Vote Up Vote Down
Glenn Demby answered 3 years ago
Sorry for the delay, but Alan clarified that the payment obligations are dictated by the terms of the Modified Work Arrangement. So follow those provisions. Hope that helps. Glenn
Patti McCullough replied 3 years ago

So when you say “dictated by the terms of the MWA”, that means that we don’t pay overtime until after 12 hours as long as the employee doesn’t work more than 160 hours in a 4 week period?